Bouboulis

ORDER DENYING DEFENDANT’S MOTION FOR ADVANCEMENT OF LEGAL EXPENSES

(ECF No. 59)

Presently before the Court is Defendant Denis Bouboulis’ Motion for Advancement of Legal Expenses. (“Mot.,” ECF No. 59.) Also before the Court is Plaintiff Allergia, Inc.’s Response in Opposition to, (“Opp’n,” ECF No. 62), and Defendant’s Reply in Support of, (“Reply,” ECF No. 64), Defendant’s Motion. Plaintiff also filed an untimely supplemental response in opposition. (“Supp. Opp’n,” ECF No. 63.) The Court vacated the hearing on the Motion scheduled for August 25, 2016 pursuant to Civil Local Rule 7.1(d)(1). (ECF No. 65.) After considering the parties’ arguments and the law, the Court DENIES Defendant’s Motion for Advancement of Legal Expenses.

BACKGROUND

Beginning several years ago, Defendant worked with Plaintiffs predeeessor-in-in-terest, CLRS Technology, Inc., to develop and invent medical devices and related methods for using phototherapeutics to alleviate the symptoms of allergic rhinitis. (Second Amended Complaint (“SAC”) ¶ 9, ECF No. 53.) In exchange for these contributions, Defendant received 116,111 shares of CLRS common stock. (Id.)

On August 5, 2010, CLRS filed a provisional patent…